INTELLECTUAL PROPERTY / FALSE ADVERTISING

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David A. Gauntlett is a published author, speaker and scholar in the area of insurance coverage. Mr. Gauntlett has authored numerous articles for publications in various ABA publications as well as PLI, Matthew Bender and Mealey’s. These include:

Insurance Coverage of Intellectual Property Assets, Second Edition(Aspen Publishers) is the best resource to comprehensively analyze the insurance protection issues that must be considered when an intellectual property dispute arises. From determining the scope of coverage under a policy, to tendering of a claim, to seeking remedies when coverage has been denied, this essential guidebook details the interactions among policyholders, insurers and the courts. You’ll find comprehensive and timely analysis of federal and state case law and major commercial insurance policy provisions that address:

The extent of insurance coverage under the “advertising injury” and “personal injury” provisions

Language in policies that limits or excludes coverage for intellectual property claims

Public policy exclusions to coverage for claims of an infringement undertaken with intent to harm

Interpreting ambiguous language in insurance policies

Defending a claim under a “reservation of rights” and potential conflicts of interest triggered thereby

Forum selection and choice of law

And more.

In addition, there’s detailed discussion and comparison of the actual language used in most commercial insurance policies and the most recent Insurance Services (ISO) policies. The book and supplements (annually updated) are available for $345.00 plus tax where applicable. To order, click here.

This easy-to-use guide addresses clients’ questions regarding insurance coverage for intellectual property and contains information vital to intellectual property litigators who wish to use insurance to reimburse the cost of defending intellectual property lawsuits, or obtain moneys for their settlement and/or indemnification of damage awards that may arise therein.

The book focuses on the kind of policy language carriers have used, how courts have interpreted these, and issues intellectual property practitioners need to be sensitive to in litigating insurance cases so that they are “insurance savvy.” It also highlights issues that are of particular concern to practitioners who must weave in and out of the labryinth of insurance coverage cases that march to a distinctive set of often counter-intuitive rules.

The book offers practical advice for:

Complying with intellectual property counsel’s obligations as defense counsel by advising if potential coverage arises so as to be disclosed in response to a Federal Rule of Civil Procedure 26(f) inquiry at the commencement of the lawsuit

Securing insurance coverage for clients in intellectual property litigation funded by insurance through the policyholder’s chosen counsel at reasonable rates that would otherwise be beyond the financial resources of many potential clients

Discussing how claimants can use insurance resources to settle cases in a manner beneficial to their client pursuing intellectual property claims

Clarifying what rights policy holders have to select their own counsel, reimbursed by insurers at reasonable rates, to fund their defense activities

Advising what insurance policies might best be obtained that offer the broadest form of insurance coverage for intellectual property risks, as well as illuminating how court decisions might affect particular language adopted by the proposed policies

The book includes a valuable checklist that: highlights the types of intellectual property claims most likely to trigger coverage under pertinent commercial liability policies; identifies the broad number of participants involved in a dispute whose insurance may be implicated; evaluates other forms of insurance responsive to intellectual property risks; and more.

Numerous “fact scenarios” with applicable case citations, as well as checklists for choosing cyberspace policies and policies covering errors and omissions, directors and officers, commercial general liability, and intellectual property risks complete the book.